How To Bring A Parent

[jodari62 1]

Hi...I have looked at all of the visa categories for family members, but have not been able to find how the mother of my wife would be classified and what the process, etc. would be. From what I can gather so far, my wife has to be a US citizen before she can petition her mother, and not a permanent resident, correct? Is there a waiting period, etc. that applies? Thanks for your feedback.

[2014petition 2]

Yes, your wife would need to be a US citizen to petition her mother. The category is IR-5:

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html#headerandtext_12

Beneficiaries in the immediate relative categories don't have to wait for visas to become available. Here is a guide for the process:

http://www.visajourney.com/forums/topic/499355-updated-ir-5-guide/

[jodari62 1]

Thanks for the info. So, if her mother is visiting the US on a tourist visa, she would not be able to AOS either unless my wife was a US citizen and not just a green card holder at the time, correct?

[kzielu 1,149]

Yes.

[aaron2020 11,651]

Thanks for the info. So, if her mother is visiting the US on a tourist visa, she would not be able to AOS either unless my wife was a US citizen and not just a green card holder at the time, correct?

Hi,

Your wife needs to be a US citizen in order for her mother to get a green card to live in the US. There is no way around this.

It's also illegal to use a tourist visa to enter the US with the intent to AOS.

However, the preconceived intent to immigrate by itself is not a valid reason to deny the AOS of an Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

You may want to consider the risks with planning for your MIL to adjust on a tourist visa.

[Ian H. 207]

Your wife can have all the docs ready and prepared beforehand, but cannot submit them until she is a USC. There is no waiting period so as soon as she has the nat. cert. in her hand she can make a copy and submit the petition that same day. A visa for a parent takes the same time as it would for a spouse or minor child of a USC.